Celgene Corporation v. domain et al.
Claim Number: FA1608001686909
Complainant: Celgene Corporation of Summit, New Jersey, United States of America.
Complainant Representative: Cozen O'Connor of Philadelphia, Pennsylvania, United States of America.
Respondent: Domain of Beijing, China.
domain of Beijing, Beijing, International, CN.
individual of shenzhenshi, China.
YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service) of Beijing, Beijing, International, CN.
REGISTRIES and REGISTRARS
Registries: DotStore Inc.
Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn)
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
David L. Kreider Esq., as Examiner.
Complainant submitted: August 5, 2016
Commencement: August 8, 2016†††††
Response Date: August 9, 2016
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
The upshot of Respondentís Response, which is written in virtually incomprehensible English, is that Respondent purchased and lawfully registered the domain and that the TLD used bears no relation to Complainantís registered mark.† These assertions are without merit.
URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, each of the following three elements to obtain an order that a domain name should be suspended.
The Complainant correctly argues that the CELGENE.STORE domain is identical and confusingly similar to Complainantís well known CELGENEģ trademark and incorporates the entirety of Complainantís mark. It is established that when comparing a domain name and a trademark, the domain extension can usually be ignored; therefore, the descriptive .STORE extension fails to distinguish CELGENE.STORE from Complainantís trademark.
This Examiner finds concerning and compelling Complainantís argument that, while Respondent has not made any demonstrable preparation to use the domain name, the use of the .STORE extension suggests that any associated website would be used to sell goods. †Such use would be unauthorized, as Celgeneís pharmaceutical products are never sold online due to the heavy regulation surrounding them. †Accordingly, any Celgene related pharmaceutical goods sold on the CELGENE.STORE website would likely be counterfeit, would pose a threat to consumers, and would be unlawful and illegitimate.
Finally, Complainant asserts that the Respondent is a serial cyber-squatter, who has registered and is using the domain in bad faith.† According to the
WHOIS report, Complainant avers, the admin for CELGENE.STORE is YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service), who has been a Defendant in four other domain disputes and has lost all four proceedings. †One such proceeding involved the use of trademarks belong to Novartis, another famous pharmaceutical company, in connection with a website that promoted such products without Novartisí consent. Novartis AG v. YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service), NAFC No. FA1412001595426.
Although the Respondent seeks to allege an abusive URS filing by Complainant, this Examiner finds no evidence to support the Respondentís repetitive and virtually incoherent assertions to this effect.
After reviewing the partiesí submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration.
David L. Kreider Esq,, Examiner
Dated:† August 09, 2016
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